Item 6HCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
April 11, 2007
ZA06-190
CASE NO:
Zoning Change and Concept Plan for Lot 24, F. Throop No. 1511 Addition
PROJECT:
REQUEST: James Anderson is requesting approval of a Zoning Change and Concept Plan from
“AG” Agricultural District to “SF-30” Single Family Residential District on 0.847 acre
at 1497 E. Dove Street. The intent is to replace an existing single family residence with
a new single family residence.
1. Conduct public hearing
ACTION NEEDED:
2. Consider approval of second reading for a zoning change and concept plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 3, dated March 16, 2007
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-519
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Clayton Comstock (748-8269)
Case No.
ZA06-190
BACKGROUND INFORMATION
OWNER/APPLICANT: James Anderson
PROPERTY SITUATION: 1497 E. Dove Street
LEGAL DESCRIPTION: Tract 1A1, F. Throop Survey, Abstract No. 1511
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “SF-30” Single Family Residential District
HISTORY: There is no development history on this property. A home currently exists on
the property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends E. Dove Street to be a 2-lane,
undivided arterial roadway with 88 feet of right-of-way. Adequate right-of-way
is shown to be dedicated on the plan.
Existing Area Road Network and Conditions
The proposed lot has direct access onto E. Dove Street.
E. Dove Street is currently a 2-lane, undivided roadway. The capacity of the
existing roadway is approximately 8,400 vehicle trips per day. Under this
condition, the roadway would be considered to operate under a level of service
‘D’. Completion of this development will not add any vehicle trips per day to
this section of E. Dove Street as a home currently exists on the property. This
development is not expected to warrant expansion of the existing roadway
network.
May, 2006 traffic counts on E. Dove St (between Kimball Ave and
Carroll Ave)
24hr 2,0372,365
West Bound (WB) () East Bound (EB) ()
WB 167260
Peak A.M. () Peak P.M. () 5 – 6 p.m.
7:30 – 8:30 a.m.
EB 350184
Peak A.M. () Peak P.M. ()
7:15 – 8:15 a.m.3:15 – 4:15 p.m.
Case No. Attachment A
ZA06-190 Page 1
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 1 10 0 1 1 0
Residential Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on E. Dove St.
PATHWAYS
MASTER PLAN: The Southlake Pathways Master Plan recommends an 8 foot multi-use trail
along the north side of E. Dove Street adjacent to the site. The trail has been
added to the concept plan.
SOUTHLAKE 2025: The underlying land use designation is Low Density Residential, which is
described as single-family residential development at a net density of one or
fewer dwelling units per acre. Although the proposed development is not
consistent with this designation, a comprehensive plan amendment is not
recommended because this is an existing tract and the applicant is not increasing
the density.
WATER & SEWER: An 8-inch sewer line is proposed to extend from the southwest corner of the
property a distance of approximately 390-feet east to the existing 18-inch sewer
line at the southeast corner of Lonesome Dove and E. Dove Rd. There is an 8-
inch water line on the south side of E. Dove Rd across from this property.
DRAINAGE ANALYSIS: Drainage will generally sheet flow to the northeast corner of the lot. If the lot
grading concentrates flow at any point they will need to provide an off-site
easement.
TREE PRESERVATION: There are existing trees and vegetation along E. Dove St. that are shown to be
preserved. Existing tree credits for the required bufferyard plant material will
be applied.
P&Z ACTION: March 22, 2007; Approved (6-0) subject to Concept Plan Review Summary
No. 3, dated March 16, 2007.
COUNCIL ACTION: April 3, 2007; Approved first reading on consent (7-0) subject to Concept Plan
Review Summary No. 3, dated March 16, 2007.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated March 16, 2007.
N:\Community Development\MEMO\2006cases\06-190ZCP.doc
Case No. Attachment A
ZA06-190 Page 2
Case No. Attachment B
ZA06-190 Page 1
CONCEPT PLAN
Case No. Attachment C
ZA06-190 Page 1
CONCEPT PLAN CLOSE-UP
Case No. Attachment C
ZA06-190 Page 2
CONCEPT PLAN & PLAT REVIEW SUMMARY
ZA06-190Three03/16/07
Case No.: Review No.: Date of Review:
Zoning Change &Concept Plan – Lot 24, F. Throop No. 1511 Addition
Project Name:
APPLICANT: ARCHITECT/ENGINEER:
James Anderson Loyd Bransom Surveyors, Inc. – Charles Hooks, Jr
1611 E. Dove Rd 1028 N. Sylvania Ave
Southlake, TX 76092 Fort Worth, TX 76111
H: (214)212-9090 B: (817)834-3477
F: (817) 831-9818
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/05/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF ZONIING
CHANGE AND CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE
ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT CLAYTON COMSTOCK AT (817) 748-8269.
1.The following revisions are needed with regard to labeling:
or
a.Show and label any “existing structures to be removed” in light gray provide a note that
“all existing structures are to be removed.”
b.Provide the “Current Land Use Designation” (Low Density Residential) in the site data
summary above the surveyor’s certificate.
c.Correct the zoning on property across Dove St. to “SF-1A”
d.Label land use map designation (“L.U.D. =”) on all surrounding properties
e.Label types of surfacing (i.e., asphalt, concrete, brick, turfing or gravel) to be used at
various locations (i.e. driveway) may be added to legend to avoid labeling on the graphic
Fully corrected plans that includes all associated support plans/documents and conditions of approval is
*
required before any ordinance or zoning verification letter publication or before acceptance of any other
associated plans for review. Plans and documents must be reviewed and stamped “approved” by the
Planning Department.
All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development
*
run-off.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the
County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for
approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,
Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
N:\COMMUNITY DEVELOPMENT\REV\2006\06-190ZCP1 & 06-191PS1.DOC
Case No. Attachment D
ZA06-190 Page 1
Case No. ZA06-190 Review No. 2 Dated: 2/20/07 Number of Pages: 2
Project Name: Lot 24, F. Throop No. 1511 Add’n -- Zoning Change & Concept Plan
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 2/14/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
1.There is an existing 8” water line in East Dove Road.
2. Sprinklers are required for proposed buildings greater than 6,000 square feet.
3. Currently, there is no public sanitary sewer on this portion of East Dove Road which can provide service for this
lot. The closest public sanitary sewer is along the east side of Lonesome Dove, approximately 250’ to the east.
The minimum size pipe for a public sanitary sewer lines is 8”. All sanitary service lines must connect to a public
sanitary system line that is built to City standards.
4. Construction plans will be required if the sanitary sewer is extended. Extension of the sewer shall be to the west
property line of the lot being platted which would be approximately 400 LF.
* Proposed sewer lines shall be located in the parkway - not under pavement, except for crossings.
* All water and sanitary sewer lines in easements or in the ROW must be constructed to City standards.
DRAINAGE COMMENTS:
* A grading plan will be required with the building permit application. Grading on the lot shall prevent any adverse
impact to the downstream property.
* Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer.
* The discharge of post development runoff must have no adverse impact on downstream properties and meet the
provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) directly to the Public Works Administration Department
for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes
which are located on the City’s website. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to
connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be approved by the City Council
prior to any construction of public infrastructure. Construction plans for these improvements must be approved by
Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of construction plans.
*=Denotes informational comment.
Case No. Attachment D
ZA06-190 Page 2
Case No Review No.Dated: Number of Pages:
. 06-190 Two February 22, 2007 1
Project Name:
1497 E. Dove St. (Zoning Change – Concept Plan)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on February 13, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
TREE CONSERVATION COMMENTS:
1. The proposed entry drive is where the existing entry drive to the property is located. It looks like only
two existing Hackberry trees will need to be removed to construct the house. The sidewalk leading
from the driveway to the house needs to be placed further away from the 24” Oak in front of the house.
2. There is a very large Post Oak immediately east of the existing driveway as it enters the property. This
tree may restrict emergency access to the property. If the applicant flipped the house the driveway
would not need to be as long or the drive could be placed on the east corner of the lot to go directly to
the garage. If the drive were placed within the middle of the lot, existing trees would need to be
removed.
BUFFERYARDS:
* The applicant has provided the required bufferyard along East Dove and there are existing trees and
vegetation to take existing tree credits for the required bufferyard plant material.
Case No. Attachment D
ZA06-190 Page 3
Surrounding Property Owners
1497 E. Dove Street
SPO #
Owner Zoning Land Use Acreage
1.
Schneider, Richard Alan Etux SF1-A Low Density Residential 1.053
2.
White, Linda SF1-A Low Density Residential 1.124
3.
Blackwill, Mary A SF1-A Low Density Residential 1.275
4.
Current Owner SF1-A Low Density Residential 1.095
5.
Thomas, Jason Etux Tracy SF1-A Low Density Residential 1.104
6.
McDaniel, Jimmy Jack SF30 Low Density Residential 0.868
7.
Xandari Investments Inc Etal SF30 Low Density Residential 0.756
8.
Molina, Mario Etux Angie AG Low Density Residential 2.263
9.
Mia Custom Homes AG Low Density Residential 0.892
10.
Southlake, City Of AG Low Density Residential 0.683
11.
Hoover, E C Etux Fran W SF1-A Low Density Residential 2.008
12.
Hogue, Frances H AG Low Density Residential 1.234
13.
U S A AG Low Density Residential 1.012
14.
City of Grapevine N/A N/A N/A
Case No. Attachment E
ZA06-190 Page 1
Surrounding Property Owner Responses
1497 E. Dove Street
Notices Sent: Twelve (12)
Responses Receive: Two (2)
Mario & Angie Molina,
1481 E Dove Road, submitted a Notification Response Form in
Favor
on March 16, 2007 (attached).
Linda White, Favor
1451 Emerald Circle, submitted an E-Mail in on March 22, 2007
(attached).
Case No. Attachment F
ZA06-190 Page 1
Case No. Attachment F
ZA06-190 Page 2
Case No. Attachment F
ZA06-190 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-519
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
1A1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511,
BEING APPROXIMATELY 0.847 ACRE, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-30” SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural District under
the City’s Comprehensive Zoning Ordinance; and,
Case No.Attachment G
ZA07-010 Page 1
WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No.Attachment G
ZA07-010 Page 2
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Tract 1A1, situated in the F. Throop Survey, Abstract No. 1511, being approximately
0.847 acre, and more fully and completely described in Exhibit “A” from “AG” Agricultural
District to “SF-30” Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit “B”.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
Case No.Attachment G
ZA07-010 Page 3
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
Case No.Attachment G
ZA07-010 Page 4
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
Case No.Attachment G
ZA07-010 Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No.Attachment G
ZA07-010 Page 6
EXHIBIT “A”
Being Tract 1A1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 0.847 acre.
Case No.Attachment G
ZA07-010 Page 7
EXHIBIT “B”
Case No.Attachment G
ZA07-010 Page 8
CONCEPT PLAN CLOSE-UP / TREE CONSERVATION PLAN
Case No.Attachment G
ZA07-010 Page 9